Former President Donald Trump on Tuesday misrepresented in a social media post what the U.S. Supreme Court Monday’s decision about presidential immunity means to your civil and criminal cases.
“TOTAL EXEMPTION!” he wrote in the post on his Truth Social platform. “Of course, the Supreme Court’s brilliantly written and historic decision ends all of the devious Joe Biden’s witch hunts against me, including the WHITE HOUSE AND DOJ-INSPIRED CIVIL HOAXES in New York.”
But none of Trump’s pending cases were dismissed as a result of the ruling, nor were verdicts already reached against him overturned. The decision represents a major victory for the presumptive Republican presidential nominee, whose legal strategy has focused on delaying legal proceedings until after the 2024 election.
Here’s a closer look at the facts.
CLAIM: The Supreme Court’s ruling that former presidents broad immunity from prosecution means “total exoneration” for former President Donald Trump.
THE FACTS: Although the historic 6-3 decision It is a victory for Trump, he was not exonerated and his legal problems are far from over. As a result, the postponement of his trial in Washington on charges of election interference was extended indefinitely. Furthermore, he still faces charges in two other criminal cases, and the verdicts already given against him in one criminal case and one civil case were not overturned.
Barbara McQuade, a law professor at the University of Michigan and former U.S. attorney for the state’s Eastern District, told the Associated Press that Trump’s claim is “inaccurate for a number of reasons.”
“The court concluded immunity from prosecution, not exoneration,” she wrote in an email. “The court did not say that Trump’s conduct did not constitute criminal behavior. Just that prosecutors are not authorized to prosecute him because of the special role of a president and the need to allow him to make ‘bold’ and ‘fearless’ decisions without concern for criminal consequences.”
McQuade wrote that Trump’s case over classified documents found at his Mar-a-Lago estate will not be affected because it arose from conduct committed after he left the White House. She added that any impact on his secret trial in New York “seems unlikely” given the crimes were committed in his personal capacity.
“Further, the Court’s opinion focuses exclusively on immunity for criminal conduct,” McQuade continued, explaining that this will not protect him from civil liability in his cases relating to defamatory statements about columnist E. Jean Carroll or fraudulent business practices conducted at the Trump Organization.
The Trump campaign did not immediately respond to a request for comment.
The Supreme Court’s conservative majority has held that former presidents have absolute immunity from prosecution for official acts that fall within their “exclusive sphere of constitutional authority” and are presumptively entitled to immunity for all official acts. Unofficial or private actions are exempt from this immunity.
This means that Special Prosecutor Jack Smith cannot pursue significant allegations in his case. indictment accusing Trump of conspiring to overturn his defeat in the 2020 presidential election, or he must at least defend its use in future proceedings before the trial judge.
The case was not closed. Instead, it was sent back to U.S. District Judge Tanya Chutkan, who must now “carefully review” whether other allegations involve official conduct for which the president would be immune from prosecution. The trial was supposed to begin in March but has been on hold since December to allow Trump to pursue his Supreme Court appeal.
However, the justices struck out one aspect of the charge, concluding that Trump is “absolutely immune” from prosecution for alleged conduct involving discussions with the Justice Department.
The opinion also stated that Trump is “at least presumptively immune” from allegations that he tried to pressure Vice President Mike Pence on January 6, 2021, to reject the certification of Democrat Joe Biden’s electoral victory. But prosecutors may try to argue that Trump’s pressure on Pence could still be part of the case against him, Chief Justice John Roberts wrote.
The decision almost certainly means that Trump will not be tried in Washington before the 2024 election, as the need for further analysis is expected to tie up the case for months with legal wrangling over whether the actions in the indictment were official or not. officers. , the AP reported.
Trump is facing charges in two other criminal cases, one over his alleged interference in the 2020 election in Georgia and another over confidential documents found at his Mar-a-Lago estate after he left the White House. Trump’s lawyers claimed presidential immunity in both cases, but in neither case was a decision made on the matter.
The former president was convicted in May of 34 criminal charges at his silent trial in New York. Following Monday’s ruling, the New York judge who presided over the trial postponed Trump’s sentencing until at least September and agreed to assess the impact of the presidential immunity decision.
Trump was ordered in February to pay a fine of US$454 million as part of a civil fraud case for lying about his wealth for years while building the real estate empire that propelled him to stardom and the White House. It is still under appeal.
In May 2023, a jury held Trump responsible for sexually abusing Carroll in 1996 and for defaming her over the allegations, awarding her $5 million. Carroll was awarded an additional US$83.3 million in January by a jury separated by Trump’s continued social media attacks against her. Appeal of the previous decision was rejected in April. This last case is still being appealed.
___
Find AP fact checks here: https://apnews.com/APFactCheck.
